Terms & Conditions
Welcome to Tierfive.com, which provide website services to you subject to the following conditions (“Conditions of Use”). If you visit or shop at Tierfive.com, you accept these conditions.
PLEASE READ CAREFULLY.
When you visit Tierfive.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In addition to electronic communications necessary for doing business over the Internet, Tierfive.com may, at its discretion, send periodic emails providing information about products and services, special promotions, or other information. You may opt out from receiving these emails by using any of the following methods:
1) Log in to your account, click on "Modify Personal Information," and uncheck the corresponding checkbox,
2) Respond to any email from Tierfive.com with the text "UNSUBSCRIBE" in the Subject line
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tierfive.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tierfive.com and is protected by U.S. and international copyright laws. All software used on this site is the property of Tierfive.com or its software suppliers and protected by United States and international copyright laws.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tierfive.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Tierfive.com only with involvement of a parent or guardian. Tierfive.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
ORDER ACCEPTANCE POLICY:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Tierfive.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Tierfive.com further reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Tierfive.com upon shipment of products or performance of services that you have ordered.
RISK OF LOSS
All items purchased from Tierfive.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Tierfive.com retains exclusive right to use the carrier of its choice.
Tierfive.com attempts to be as accurate as possible. However, Tierfive.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Tierfive.com itself is not as described, your sole remedy is to return it in unused and UNOPENED condition. Please see our Return Policy for complete details.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
“Free shipping” or other similar offers is valid in the 48 contiguous states (NOT in Alaska or Hawaii). If you need to ship product outside the United States please call for options. Products usually ship within 1-2 business days, but cannot be guaranteed. If a product you have ordered is out of stock or “back ordered” with the manufacturer you will be notified and you will have the option of keeping or canceling your order.
Expedited shipping requests will be accepted before 2:30 PM Mountain Time. Any orders placed after that may ship the next business day.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TIERFIVE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TIERFIVE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIERFIVE.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIERFIVE.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM TIERFIVE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIERFIVE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ADDITIONAL PROVISIONS APPLICABLE TO THE SCANNER EXCHANGE MAINTENANCE PROGRAM
These Terms and Conditions apply to all services provided by Tierfive.com in connection with certain equipment (the “Equipment”) identified by you as covered by this program (the “Maintenance Program”).
Description of Services
1. The Maintenance Program is available for selected high-speed document scanners. A mandatory 30-day waiting period to enrollment in the Maintenance Program is required for scanners not covered by a manufacturer or Tierfive.com warranty at the time of purchase. Refer to www.Tierfive.com.com for a complete list of eligible scanners.
2. If you have Equipment covered by the Maintenance Program, you are entitled to one year of toll-free technical support, a dedicated technician, and Next Day scanner replacement service.
3. To receive a replacement scanner, you must call the Tierfive.com Nevada service center to receive authorization. The service center will be open 8:00 a.m. to 5:00 p.m. Mountain Time (MT), Monday through Friday, excluding national, Nevada state and Tierfive.com holidays. Once authorization has been received, a replacement unit will be shipped Next Day service, arriving no later than 3:00 p.m.
4. Authorization for shipment MUST be received before 3:00 PM MT for same day shipping. Requests received and logged by Tierfive.com after 3:00 PM MST will be shipped to you on the next business day.
5. The replacement unit will be of similar function to the Equipment, and the replacement will perform pursuant to the manufacturer’s specifications. All replacement units are refurbished.
6. In the event that Tierfive.com determines that your Equipment is not defective, you agree to pay Tierfive.com the current “No Trouble Found” fee.
7. Once the replacement unit has been received, you will have five (5) business days to return the defective Equipment to Tierfive.com’s Nevada service center. In the event the defective Equipment is not received within the five (5) business days, you agree to pay Tierfive.com’s then current daily rental charge, for a unit of similar function, until the Equipment is received at the Tierfive.com service center.
8. The Maintenance Program covers scanner failure encountered in the normal course of business according to the manufacturer’s specifications and duty cycles. In the event the Equipment has failed due to abuse, your modification, neglect, abnormal operating conditions, operating conditions not within the manufacturer’s specifications or duty cycles, or other damage caused by external forces, you agree to pay Tierfive.com for repair services at the current rates for parts and labor in addition to any maintenance fees under this Agreement. Any parts or assemblies damaged, missing, or otherwise unserviceable as a result of operation other than normal use, and are required for proper operation of equipment, will be replaced and paid for by you at the current rates.
9. If you have Equipment using consumable rollers, you will receive one (1) complementary set of replacement rollers during the life of the Agreement when requested by you.
10. Tierfive.com will pay all freight expenses, obtain and provide you with freight tracking information, obtain freight insurance in the amount of the cost of the replacement item sold, and shall bear the risk of loss during shipment for the replacement unit. Tierfive.com may provide, at its sole discretion, a prepaid return shipping label which you may use to return the defective unit. In the event that Tierfive.com does not provide a return shipping label, or you do not use the label provided, then you will pay all freight expenses, obtain and provide Tierfive.com with freight tracking information, obtain adequate freight insurance and shall bear the risk of loss during shipment for the failed Equipment.
General Maintenance Program Terms
1. Term of Agreement. The minimum maintenance term applicable to each unit of Equipment is one (1) year, commencing on the date an online request for maintenance services is ordered, unless you and Tierfive.com agree in writing to a different term, and provided, however, that you have paid all applicable service charges for that term. The term shall automatically renew for additional terms matching the original term (“Renewal Term”), unless terminated in writing prior to the end of the term by either party. For example, if you purchase a 2-year Maintenance Plan then upon completion of the 2 year term, the Maintenance Plan will renew for an additional 2 years. The renewal may include changes to the Terms and Conditions of this agreement, the service charges, or the units of Equipment covered, as mutually agreed in writing by you and Tierfive.com.
2. Definitions and Limitations. Tierfive.com reserves the right to adjust service charges and/or to decline certain service levels, at Tierfive.com’s reasonable discretion, based upon equipment make and model or equipment location. As used herein, the phrase “Business Day” shall mean 8:00 a.m. through 5:00 p.m. MT, Monday through Friday, excluding national, Nevada state, and Tierfive.com holidays. As used herein, the Tierfive.com service line shall mean 877-705-7226, or such other number as Tierfive.com may notify to you in writing or post on its website.
3. Equipment Covered. Tierfive.com shall provide maintenance services only with respect to the Equipment specified by you on Tierfive.com’s online registration form or which may be later by the written agreement of the parties. You shall provide Tierfive.com written notice (30) days in advance of i) any modification or alteration to the Equipment, or ii) any change in the location specified, and in the event of any such change, Tierfive.com may, in its reasonable discretion, terminate its maintenance, or reinstate the agreement by substituting the modifications described in i) and ii) above. If, in response to your request, Tierfive.com renders services to any of your equipment, or at any location, other than those specified, you agree to pay Tierfive.com for such services at Tierfive.com’s current rates for parts, labor and expenses, in addition to any maintenance fees under this agreement.
You represent and warrant that the Equipment has been, at all times, operated under site conditions within the environmental range specified by its manufacturer and has been, at all times, operated within its manufacturer’s specifications and duty cycles. In the event of a breach by you of any warranties contained in this section, or in the event any of the representations made by you concerning the Equipment are inaccurate, Tierfive.com may, in its reasonable discretion, terminate its maintenance with you or elect to continue to provide services under the agreement without waiving its right to later terminate the agreement.
4. Limitations of Remedies and Liability. Tierfive.com warrants that all maintenance services provided shall be performed in a workmanlike manner in accordance with accepted industry standards. Other than this warranty, Tierfive.com makes no warranty, express or implied, whether statutory or otherwise, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose or intended use. Tierfive.com shall not be liable for performance delays or for nonperformance due to causes beyond its reasonable control. For any material breach of these Conditions of Use by Tierfive.com, your remedy and Tierfive.com’s liability shall be limited to a refund of related service charges paid during the period of breach, up to a maximum of twelve (12) months. The remedies provided herein are your sole and exclusive remedies. Except as provided in this section, in no event will Tierfive.com or its subcontractors be liable for special, incidental, consequential, or other damages, whether based in contract, tort, or otherwise, including, without limitation, claims for loss or corruption of data or lost profit.
You shall defend, indemnify, and hold harmless Tierfive.com and Tierfive.com from and against any loss, claim, or damage made or asserted against Tierfive.com or Tierfive.com by that party’s officers, directors, employees, subsidiaries, affiliates, clients, or customers, which claim, loss or damage in any manner relates to your agreement with Tierfive.com and the services rendered hereunder. The indemnification provided herein shall survive the termination of your agreement with Tierfive.com.
5. Payment. Payment is due from you upon receipt of Tierfive.com’s invoice, unless Payment terms have been extended by our credit department. Tierfive.com may assess finance charges and/or terminate its maintenance agreement with you if you fail to pay charges due within thirty (30) days of invoice. You shall pay any and all sales and/or use tax liabilities which may become due in connection with your agreement with Tierfive.com. If you claim exemption from any such tax, you shall provide Tierfive.com an exemption certificate or similar documentation to support such exemption. You shall defend, indemnify, and hold harmless Tierfive.com and Tierfive.com from and against any claims or demands for such taxes, which indemnification shall survive the termination of your maintenance agreement.
For your convenience and to reduce administrative costs, Tierfive.com will charge your credit card for the purpose of paying the annual service fees for renewal terms of the Agreement, and any other fees which may become due under the Agreement, until the applicable Agreement is terminated or cancelled, whichever occurs first. This authorization will remain in full force and effect during the terms of this Agreement until cancelled by Tierfive.com, or until Tierfive.com receives my written revocation at 7580 Las Vegas Blvd. (Suite #399), Las Vegas NV 89123.
Cancellation or revocation of this authorization, or stopping any payment hereunder, does not affect any other payments authorized prior to the date of such cancellation or revocation. In the event that agreed upon payments are not made through my credit/debit card account, you agree to promptly pay Tierfive.com from other payment sources. You represent that you have the authority to make this authorization.
6. Termination. Tierfive.com may terminate any agreement with you for maintenance services upon forty-five (45) days prior written notice to you. In the event of such termination, Tierfive.com shall refund to you a pro-rated portion of the maintenance fees paid for the unexpired portion of the maintenance term, provided that the refund shall not exceed seventy-five percent (75%) of the total maintenance for that term. During any Renewal term, you may terminate the maintenance agreement upon forty-five (45) days prior notice to Tierfive.com. If you provide notice of termination to Tierfive.com within thirty (30) days of the commencement date of the Renewal Term, Tierfive.com will make a full refund of service fees paid for the Renewal Term. If you provide notice of termination at any time after thirty (30) days, Tierfive.com will refund the service fees to you, in proportion to the portion of the Renewal term which has elapsed.
MISCELLANEOUS TERMS APPLICABLE TO ALL WEBSITE SERVICES, SALES AND MAINTENANCE PROGRAMS
a. These Conditions of Use, together with any additional written forms submitted online in connection with a Tierfive.com sale or maintenance program, contain the entire agreement between you and Tierfive.com with respect to the sale or maintenance program and supersede all prior and contemporaneous oral or written proposals, negotiations, conversations, and other communications between you and Tierfive.com. These Conditions of Use shall take precedence over any other terms contained in documents exchanged by you and Tierfive.com in connection with a sale or maintenance program.
b. No modifications of these Conditions of Use or waiver of any of its terms will be effective unless set forth in a written document signed by both you and Tierfive.com.
c. If any term of these Conditions of Use is held to be invalid, the remainder of the Conditions of Use will remain in force.
d. Any agreement relating to Tierfive.com shall be considered performed in Nevada and all questions regarding the validity, intention, or meaning of these Conditions of Use or any modifications of them shall be construed and resolved under the laws of the State of Nevada (without giving effect to its conflict of laws principles).
e. If either you or Tierfive.com brings a legal action or proceeding against the other relating to a sale or maintenance program, such legal action or proceedings must be brought in the courts of the State of Nevada. Tierfive.com may obtain all costs, including reasonable attorney's fees, incurred in pursuing legal action. You expressly consent to the personal jurisdiction and venue of the state and federal courts of Nevada County, Nevada, and specifically waive any objection to disputes regarding or relating to your agreement with Tierfive.com being litigated solely in those courts.
f. Any agreement with Tierfive.com may not be assigned or transferred by you to any other party without the prior written consent of Tierfive.com
g. Accounts not paid within 30 days are subject to a 1.5% monthly finance charge (18% per annum) .
h. Unless otherwise specified in this Agreement, all notices required to be provided to Tierfive.com shall be sent to Tierfive.com, Contracts Administrator, 7580 Las Vegas Blvd. (Suite #399), Las Vegas NV 89123, or such other address as Tierfive.com may designate on this site or to you personally.